protecting your ip against corporate espionage step trade conference
TRANSCRIPT
Protecting Your IP
Against Corporate
Espionage
September 26, 2012
STEP Trade Conference
Saskatoon, SK
Global Travel
Business Objectives
• Identify / explore / exploit market opportunities
• Manufacturing options
• Identify / assess / engage suppliers
• Identify potential business partners
• Raising money
• Looking for technology / technical information
2
Global Travel
Destinations
• Trade shows
• Conferences
• Trade missions
• Stand-alone targeted trips
3
IP Exposure Risks
• During travel
• At the destination
• In your hotel room
• In public places
4
BE AWARE OF YOUR SURROUNDINGS
Before you leave home
5
Take stock of your IP
• List the most valuable thing(s) you’re taking
• Understand the options for protection
• Decide if patenting is required
• Provide sufficient lead time to secure filing
• Vette your promotional materials
Understand your IP
Business Opportunities
• Device / apparatus
• Product / composition
• Method / process
• Software / app
• Services
6
7
Understand your IP
What’s your competitive edge?
• Quality
• Disruptive
• Price
1. Give it away via “public disclosures”
2. Keep it as a “trade secret”
3. Protect it legally:
(1) Patents
(2) Trade marks
(3) Copyrights
(4) Industrial designs
Options for dealing with IP
Trade Secrets Patenting
best suited when reverse
engineering difficult
potentially unlimited life
known by limited # people
if stolen, harder to legally
enforce rights
hard to enforce in a large
company
requires clear in-house
policies
someone else could patent
& prevent you from using
patent applications may
evolve from trade secrets*
best suited when easy
to reverse engineer
maximum 20-year lifespan
issued patent = strong
legal position
creates marketplace
barriers to competitors
onus on you to monitor
for infringement
can be expensive
Trade Secrets v. Patents
To enable “value capture” (i.e., $$$)
from your ingenuity
creates a legal monopoly
enables licensing opportunities
protects your business interests
FOR 20 YRS From the filing date
Why Patent?
11
After you leave home
Disclosing “Trade Secrets” to Others
Accidental
• Elevator pitch & enticement
• Be aware of your surroundings
Deliberate
First Things First: Use NDA / CDAs • Non-Disclosure Agreement
• Commercial Disclosure Agreement
The Next Step • confidential business information
• trade secrets & patenting opportunities
Risk: • NDAs/CDAs are only as good as the integrity
of the people you’re dealing with
• legal input is essential
After you leave home
Summary
• Prepare in advance
• Understand your key IP
• Plan / implement IP protection strategy
• Travel time is not work time
• Be aware of your surroundings
• Be prepared for the next steps
13
Thank You
montréal ottawa toronto hamilton waterloo region calgary vancouver beijing moscow london
Dan Polonenko, PhD Principal, Patent Agent
Tel: 604-443-7623
Email: [email protected]